HomeMy WebLinkAboutBy-law 1680/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1650/$3
Being a Restricted Area By-law to amend
Restricted Area By-law 3036, as amended,
to implement the Official Plan of the
Town of Pickering District Planning Area
Region of Durham, in Part Lot 23,
Concession 1 in the Town of Pickering.
WHEREAS the Council of the Corporation of the Town of Pickering
deems it desirable to permit the development on the subject lands
of retail and personal service commercial uses and a greenbelt
area;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. SCHEDULES "I" AND "II"
Schedules "I" and "II" hereto with notations and references
shown thereon are hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in
Part Lot 23, Concession 1, Pickering, designated 'C7' and 'G'
on Schedule "I" attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used,
occupied, erected, moved or structurally altered except in
conformity with the provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1)
"Automobile Service Station T~pe 'C'" shall mean an
establishment where vehicle fuels, lubricants and
accessories are offered for retail sale and where
facilities for the repair and maintenance of vehicles
may be provided on the premises and may include a car
wash, but shall not include a body shop, as defined
herein;
(2)
"Baker~" shall mean a building or part of a building in
which food p~oducts are baked, prepared and offered for
retail sale, or in which food products which are baked
and prepared elsewhere are offered for retail sale;
continued...
(3)
(4)
5)
6)
7)
8)
9)
"Body Shop" shall mean an establishment primarily
engaged in repairing or painting vehicle bodies;
"Business Office" shall mean a building or part of
a building in which the management or direction of a
business, a public or private agency, a brokerage,
or a labour or fraternal organization is carried on,
and which may include a telegraph office, a data
processing establishment, a newspaper publishing office,
the premises of a real estate or insurance agent, or
a radio or television broadcasting station and related
studios or theatres, but shall not include a retail
store;
"Clinic" shall mean a public or private medical,
surgical, physiotherapeutic or other human treatment
facility;
"Dru9 Store" shall mean a retail store of not more
than 790 square metres gross leasable floor area,
containing facilities where prescriptions are compounded
and dispensed for the public by a pharmacist licenced
pursuant to the Health Disciplines Act, R.S.O. 1980,
Chapter 196 and where medicine, medical supplies and
associated merchandise is stored, displayed and offered
for retail sale to the public~
"Dry Cleanin9 Depot" shall mean a building or part of
a building used for the purpose of receiving articles,
goods, or fabrics to be subjected to dry cleaning and
related processes elsewhere, and of distributing articles,
goods or fabrics which have been subjected to any such
processes;
"Financial Institution" shall mean a building or part
of a building in which money is deposited, kept, lent
or exchanged, and which includes a chartered bank of a
branch thereof;
(al
"Floor Area" shall mean the aggregate of the floor
areas of all storeys above or below established
grade, but shall exclude the floor area of any
parts of the building used for mechanical equipment,
stairwells, elevators, and any part of the building
below established grade other than that used for
retail commercial or office purposes;
(b)
"Gross Leasable Floor Area" shall mean the aggregate
of the floor areas of all storeys above or below
established grade, designed for owner or tenant
occupancy or exclusive use only, but excluding
storage areas below established grade;
(c) "Gross Retail and Personal Service Floor Area" shall
mean the gross retail and personal service floor
space contained in all buildings and structures
on the lot, as such space is defined in section 8.2.2
of the Official Plan of the Regional Municipality of
Durham, as amended from time to time, or any
successor thereto;
continued...
lO)
11)
12)
13)
14)
15)
16)
17)
"Food Store" shall mean a building or part of a
building having a gross floor area in excess of 450
square metres, in which primarily food produce is
stored, offered and kept for retail sale to the public
and in which items or merchandise of day-to-day
household necessity may be stored, offered and kept
for retail sale to the public;
"Games Arcade" shall mean any building, room or area
in which are offered facilities for the play of:
(al three or more games of chance;
(b) three or more games of mixed chance and skill; or
(c) a combination of three or more games of chance
and games of mixed chance and skill,
for the amusement of the public, which games are not
contrary to the Criminal Code of Canada, but does not
include premises in which the only amusement facilities
offered are pool tables, billiard tables or bowling
alleys;
"Home Improvement Centre" shall mean a building or part
of a building used primarily for the display, wholesale
and retail sale of building materials, hardware or
accessories, including lumber;
"Landscaped Open.Space" shall mean space on a lot which
is open and unoccupied and is suitable for growing grass,
flowers, bushes, shrubs or other landscaping plants and
includes a waterway, walk, patio or similar space but
does not include any portion of a parking aisle, parking
space, ramp or driveway;
"Laundromat" shall mean a self-serve clothes washing
establishment containing washing, drying, ironing,
finishing or other incidental equipment;
(al "Lot Coverage" shall mean the percentage of a lot
area covered by all buildings on the lot;
(b) "Lot Frontage" shall mean the width of a lot between
'~he side lot lines measured along a line parallel to
and 7.5 metres distant from the front lot line;
"Merchandise Service Shop" shall mean an establishment
where articles or goods including, but not necessarily
limited to, business machines, appliances, furniture
or similar items, are repaired or serviced, and includes
the regular place of business of a master electrian or
a master plumber, but shall not include a manufacturing
plant, any establishment used for the service or repair
of motorized vehicles, or a retail store other than a
sales outlet;
"Personal Service Sho~" shall mean an establishment
where a personal service is performed and may include
a barber shop, a beauty salon, a shoe repair shop,
a tailor or dressmaking shop or a photographic studio,
but shall not include a bodyrub parlour as defined in
The Municipal Act, R.S.O. 1980, Chapter 302, as amended
from time to time, or any successor thereto;
continued...
18)
19)
20)
21)
22)
"Place of Amusement or Entertainment" shall mean a
building or part of a building in which facilities
are provided for amusement or entertainment purposes,
and which may include a billiard or pool room, a
dance hall, a music hall, or a theatre, but shall
not include a games arcade;
"Professional Office" shall mean a building or part of
a building in which medical, legal or other professional
service is performed or consultation given, and which
may include a clinic, the oftices of an architect, a
chartered accountant, an engineer, a lawyer or a physician,
but shall not include a body-rub parlour as defined in
the Municipal Act, R.S.O. 1980, Chapter 302, as amended
from time to time, or any successor thereto;
"Restaurant-Type A" shall mean a building or part of
a building where ~ood is prepared and offered or kept
for retail sale to the public for immediate consumption
on the premises or off the premises, or both on and
off the premises;
"Retail Store" shall mean a building or part of a
building in which goods, wares, merchandise, foods,
substances, articles or things are stored, kept and
offered for retail sale to the public, but does not
include any establishment otherwise defined herein$
"Yard" shall mean an area of land which is appurtenant
to and located on the same lot as a building or
structure and is open, uncovered and unoccupied above
ground except for such accessory buildings, structures
or other uses as are specifically permitted thereon.
5. PROVISIONS
(1) (al Uses Permitted ('C7' Zone)
No person shall, within the lands designated 'C7'
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure for any purpose
except the following:
i) automobile service station type 'C',
ii) bakery,
iii) business office, subject to the provisions
of subclause (B) of clause (vii) of subsection
iv)
v)
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
xiv)
xv)
xvi)
(1)(b) of this Section,
clinic,
drug store,
dry cleaning depot,
financial institution,
food store, subject to the
subclause (D) of clause (vii)
(1)(b) of this Section,
home improvement centre,
laundromat,
merchandise service shop,
personal service shop,
place of amusement or entertainment,
professional office,
restaurant type 'A',
retail store,
subclause (C)
(1)(b).
provisions of
of subsection
subject to the provisions of
of clause (vii) of subsection
continued...
(1) (b) Zone Requirements ('C7' Zone)
No person shall, within the lands designated 'C7'
on Schedule "I" hereto, use any lot or erect, alter
or use any building or structure except in
compliance with the following provisions:
i) SETBACK REQUIREMENTS (minimum):
A
All boundaries of the lands designated 'C7'
on Schedule "I" which abut a street or highway
shall be deemed to be front lot lines and the
minimum setback of any building or structure,
except a sign, from a front lot line shall be
13.5 metres;
All boundaries of the lands designated 'C7' on
Schedule "I" not abutting streets or highways
shall be deemed to be side lot lines and the
minimum setback of any building or structure,
except a sign, from a side lot line shall be
6.5 metres;
C
There shall be no other front lot lines, no other
side lot lines, no flankage lot lines and no rear
lot lines.
ii)
iii)
BUILDING HEIGHT (maximum): 12 metres
LANDSCAPED
(minimum):
OPEN SPACE REQUIREMENTS
iv) LOT COVERAGE (maximum):
v) OPEN STORAGE:
l0 percent of
lot area
33 percent
no open storage
shall be
permitted
vi) PARKING REQUIREMENTS:
A
For the purpose of this clause, "parking space"
shall mean a usable and accessible area of not
less than 15.95 square metres, for the temporary
parking of a vehicle, but shall not include any
portion of a parking aisle or driveway;
B
There shall be provided and maintained a minimum
of five (5) parking spaces for each 93 square
metres or part thereof of gross leasable floor
area, which may be provided and maintained on
the lot generating the requirement or on an
abutting lot or lots;
C
Where parking spaces are to be provided on an
abutting lot or lots, the owner of the lot
generating the requirement shall obtain an
irrevocable easement for such purpose from the
owner of the abutting lot or lots as the case
may be and the Town shall be a party to this
easement;
D
All parking areas shall be set back a minimum
of 3 metres from the boundary of the 'C7' zone
as designated on Schedule "I".
continued...
(2) (al
vii) SPECIAL RESTRICTIONS:
The gross retail and personal service floor area
of all buildings on the lot shall not exceed 33
percent of the area of the lot;
The gross floor area of all business offices, on
a lot shall not exceed 4 percent of the area of
the lot;
C The gross leasable floor area of any Retail Store
permitted shall not exceed 1,000-sqmre metres~
Only one Food Store shall be permitted to develop
on the land designated 'C7' on Schedule "I", the
location of which shall be restricted to Area 5,
on Schedule "II";
(Il
The location of points of street access to
lands designated 'C7' on Schedule "I" of
this By-law shall be restricted to those
areas designated 'access' and 'access
(temporary)' on Schedule "II" of this By-law.
The street access to Area 4 on Schedule "II"
designated as 'access (temporary)' shall be
used for ingress and egress to that Area,
only for so long as that Area supports an
automobile service station type 'C', and
shall not be used for ingress or egress for
any other Areas.
Notwithstanding any other provisions of this
By-law or By-law 3036, no building or structure
shall be erected or used in Areas 4 and 5 of
Schedule "II" unless that building or structure
is wholly located within the buildlng envelope
for the respective Area.
Uses Permitted ("G" Zone)
No person shall within the lands designated "G"
on Schedule "I" hereto, use any lot or erect,
alter or use any building or structure for any
purpose except:
i) greenbelt-conservation uses in accordance with
Section 17 of By-law 3036, as amended.
6. BY-LAW 3036
By-law 3036, as amended, is hereby further amended only to
the extent necessary to give effect to the provisions of
this By-law as it applies to the area set out in Schedules
"I" and "II" attached hereto. Definitions and subject matters
not specifically dealt with in this By-law shall be governed
by the relevant provisions of By-law 3036, as amended with
the exception of subsections 2.77, 2.79, 5.7, 5.8, 5.10, 5.14,
5.21.2(a), and 5.21.2(b) which shall not apply to the area
set out in Schedule "II" attached hereto.
continued...
7. ENFORCEMENT
Any person who contravenes any of the provisions of this
By-law shall be liable upon conviction thereof to a fine
not exceeding $1,000.00 for each offence, exclusive of
costs, recoverable under the Provincial Offences Act.
8. EFFECTIVE DATE
This By-law shall take effect
hereof subject to the approval
Board, if required.
from the day of passing
of the Ontario Municipal
READ A FIRST AND SECOND TIME THIS 6th DAY OF Jttne , 1983.
READ A THIRD TIME AND PASSED THIS 6th DAY OF Jttne , 1983.
MAYOR
C7
SCHEDULE 'Z* TO 8Y-LAW
PASSED THIS 6th
DAY OF Ju_ne 1983
1680/83
MAYO? ~,,,~.~._
CLERK
II1\
\ /I
6.5m
I
SCHEDULE ' Tr' TO BY- LAW
PASSED THIS 6th
DAY OF June 1983
1680/83
CLERK /
Ontario
Ontario Municipal Board
~ 830943
X~TIlBHATTBROIP Sec~c~on 39 of
Tho ~XannXngAo~ (R,S.O. XOS0~
Corpoz&~Xon of &.ho Town o~
for approvaX o! XU
ltolt, rXotodAroi By-X&w X680/83
)l,D, H]~IDBRSOff
G,K. HOBART
!
Of Oo~.ober~ X983
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